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HomeMy WebLinkAboutCC Minutes 2006-09-11 Regular 9/11/06 2546 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( SEPTEMBER 11, 2006 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, SEPTEMBER 11, 2006, AT 4:00 PM AND A REGULAR MEETING AT 7:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM CHRIS PEDEN COUNCILMEMBER LAURA EWING COUNCILMEMBER JOHN LECOUR COUNCILMEMBER JIM HILL COUNCILMEMBER JAY HORECKY COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON (arr. 7:00 pm) ACTING CITY MANAGER ROGER ROECKER CITY SECRETARY DELORIS MCKENZIE Mayor Smith called the Special Meeting to order at 4:00 pm. 4:00 PM—SPECIAL SESSION Discussion was held regarding the City of Friendswood Operating Budget for FY2006-07. Mayor Smith congratulated Council and Staff for completing the review of the budget at the last meeting and will continue today to address questions that may have come from the last meeting. Acting City Manager Roger Roecker opened with a presentation regarding the City Manager's budget regarding the supplemental requests for the Public Education/Government Access (PEG) Channel, removed the request for the part-time person requested for a media position, both are under contract services, $24,500 for equipment and $25,000 for the person requested which has been removed unless Council determined they wanted the maximum that can be provided, looked at three different versions, up to a four camera automated system at $24,000, one digital camcorder with a hard drive that includes an encoder and is portable, $1,700 and fixed-mount camera which would include a hardware encoder and would require a dedicated computer provided by the City of Friendswood - $1,350, viewed excerpts from Friendswood Council with a one camera system, would include audio from current public address (PA) system, different options for handling and downloading, can use existing PC for item 2 and 3, possibly use a volunteer, could have camera on speaker and one on Council, PEG Channel is getting a lot of requests and usage, part-time person was proposed to help with that process and the filming process, one camera is limiting, this process is not a live broadcast, this is a recording only, this is a form of communication which has been a priority for prior Council's, not particularly enthralled with videotaping public comments for viewing, would be showed through ComCast, could look at placing on the website through streaming with a service provider, not wise use of money because of limiting to ComCast customers, approximately 8,000 customers would have the ability to view, the purpose is to provide additional communication, is this the best and wise use of $50,000, think the lesser of the proposals would provide audio which is important, need to look at the impression leaving with the public, the use of more than one camera would be more eye catching than a set camera, meetings will not be live, would think the policies would follow if funded in the budget, thinks Council should go with the one camera and see what the response would be, thinks the one camera quality is poor, Council discussed the pro's and con's of the televising of.Council meetings proposal, reviewed the list of Council and Staff, identified changes to the FY2006-2007 proposed budget and additions to the budget that was identified by Council at the last meeting, looked at some of the memberships that were reduced, discussed Fire Marshal's Office operations and budget and request for an additional Fire Marshal. 9/11/06 2547 5:30 PM—CLOSED EXECUTIVE SESSION Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to Section 551.074—Personnel Matters. Council convened into Regular Session at 7:00 pm with action taken later in the meeting. RECONVENE INTO OPEN SESSION 7:00 PM—REGULAR SESSION The invocation was given by Pastor Ralph Hobratschk with Hope Lutheran Church. Mayor Smith led the Pledge of allegiance to the United States and to the State of Texas. PUBLIC HEARING Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written, regarding the City of Friendswood Operating Budget for Fiscal Year 2006-07. No one spoke for or against the proposed Budget. Discussion was held regarding making the budget available on the website. Staff determined that it could be placed on the website as early as Tuesday. Discussed the possibility of continuing the Public Hearing at the September 18, 2006 Council meeting. Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written, regarding the City of Friendswood proposed tax rate for 2006 (.5821). No one spoke for or against the proposed tax rate. '`*Councilmember Peden moved to extend the Public Hearings to September 18, 2006 Council meeting Seconded by Councilmember Horecky. The motion was approved unanimously. COMMUNICATIONS FROM THE PUBLIC No one spoke. ACTING CITY MANAGER'S REPORT Acting City Manager Roger Roecker reported on the Texas-New Mexico Power (TNMP) satellite offices closing. Staff received notice last week that Texas-New Mexico Power Company affiliate First Choice Power will be closing all of their satellite offices in their service areas. This includes the one satellite office in Friendswood, located at 105 E. Spreading Oaks. Until now, customers had the option of dropping by this office in order to pay their electric bills, however, First Choice Power has determined that these offices are no longer cost effective, and as a result, customers will no longer have the option to pay at these locations. The City has been assured that First Choice Power will continue to uphold its level of customer service, even without these offices. This change will have no effect on TNMP's transmission and distribution service. ACTION ITEMS Mayor Smith spoke regarding the search for a new City Manager and stated that Council met in Executive Session and asked the consultant to answer some questions for Council and will bring back the 9/11/06 2548 information and continue the search. Councilmember Hill asked if there is any way to speed up the search. Councilmember LeCour asked when the consultant is going to get back to Council. Councilmember Hill asked if Council could do their work in one week. **Councilmember Peden moved for Council to submit questions or comments to the consultant regarding the City Manager search by September 18, 2006, and the consultant to bring back information on September 25, 2006. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Measeles moved to accept the Mayor's appointments/reappointments for James Woltz appointed to Municipal Court Judge expiring July 2008 and Richard P. Flake to Associate Judge expiring July 2008. Seconded by Councilmember Peden. The motion was approved unanimously. **Mayor Smith moved to award RFP No. 2006-11 for Workers' Compensation Insurance, Property and Casualty Insurance, and Liability Insurance and execute the contracts with Texas Municipal League. Seconded by Councilmember Measeles. The motion was approved unanimously. **Councilmember Hill moved to authorize an amendment to be prepared to the Building Code - Section 26-105 - Mowing Grass for an exemption for Agriculture Property from mowing requirements and to have Staff give recommendation for amending for Natural Properties. Seconded by Councilmember Peden. The motion was approved unanimously. **Councilmember Horecky moved to adopt that all regular and special meetings of City Council be held at City Hall Council Chambers unless Council votes otherwise. Seconded by Mayor Smith. The motion failed 6-1 with Mayor Smith and Councilmembers Ewing, LeCour, Hill, Peden, and Measeles opposed. ""`No motion was made on the implementation of a tax refund of ten percent of taxes paid to the City in FY2005. RESOLUTIONS **Councilmember Horecky moved to approve Resolution No. R2006-24—a Resolution adopting a Design Criteria Manual for the City of Friendswood, Texas; containing standards for the design, construction and installation of public infrastructure and related facilities and improvements within the City; and repealing City of Friendswood Resolution No. R2005-05, passed and resolved on the 17th day of January 2005, and all other resolutions or parts of resolutions inconsistent or in conflict herewith with an amendment for Regional Detention Pond. Seconded by Councilmember Ewing. ***Councilmember LeCour moved to amend the main motion to delete that a city engineer determines. Seconded by Councilmember Ewing. The motion to amend was approved unanimously. ""**Councilmember Ewing moved to amend the main motion to remove anything that allows unbridled discretion. Seconded by Councilmember Horecky. The motion to amend was approved unanimously. ***'"`The main motion, as amended, was approved 6-1, with Councilmember Peden opposed. Councilmember Measeles left the Council Chambers at this time. **Councilmember Peden moved to approve Resolution No. R2006-25 — a Resolution of the City of Friendswood, Texas, ("City") to adopt a settlement agreement between the City and CenterPoint Energy, 9/11/06 2549 Inc. ("CenterPoint" or"Company") with regard to CenterPoint's rate filing package filed on April 14, 2006 and approved by the Public Utility Commission of Texas ("PUC" or"Commission") on August 23, 2006. Seconded by Councilmember Ewing. The motion was approved 6-0. Councilmember Measeles returned to the Council Chambers. ''*Councilmember Ewing moved to approve Resolution No. R2006-26—a Resolution of the City Council of the City of Friendswood, Texas, authorizing and consenting to a change in control of Texas and Kansas City Cable Partners, L.P., the holder of a cable television franchise within the City; and providing other matters relating to the subject. Seconded by Mayor Smith. The motion was approved unanimously. **Councilmember LeCour moved to approve Resolution No. R2006-27—A Resolution of the City Council of the City of Friendswood, Texas, amending the Council Rules of Procedure adopted pursuant Resolution No. R2006-16, passed and approved the 26th day of June, 2006, by deleting Paragraph "(13)" of Rule 16 of said rules and substituting therefor a new Paragraph "(13)" of Rule 16; providing that matters placed on a Consent Agenda shall be limited to those routine in nature and not involving expenditures exceeding $15,000.00; approving a revised Rules of Procedure incorporating such changes; repealing Resolution No. R2006-16; and providing other matters relating to the subject. Seconded by Councilmember Peden. The motion was approved unanimously. ORDINANCE ""Mayor Smith moved to approve the first reading of Ordinance No. T2006-22, an Ordinance finding and determining that public convenience and necessity no longer require the continued existence of an unused 0.1481 acre roadway and utility easement located in the Mary Sloan Survey, Abstract 184, Friendswood, Galveston County, Texas; providing for the exchange of said unused roadway and utility easement for a 0.1151 acre access and utility easement; authorizing the Mayor to execute and the City Secretary to attest a quitclaim deed releasing the City's interest in and to said unused roadway and utility easement to the underlying fee owner in exchange for the conveyance to the City of a 0.1151 acre access and utility easement adjacent thereto; and containing other provisions relating to the subject. Seconded by Councilmember Measeles. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Mayor Smith asked to speak regarding Request for Proposals (RFP) for City Attorney services, commented that the RFP has been completed and sent to Council, thinks right now is not a good time to move on that, thinks it should wait until after the new City Manager is on board. Councilmember Peden stated the Mayor's argument is one of weakness, not one that Olson and Olson would not meet RFP, thinks Olson & Olson would rise to the top, send out the RFP, thinks that Olson will be re-hired in a heartbeat but the citizens will see that Council is looking into this. Mayor Smith stated he thinks this task would be difficult at the same time as a City Manager search. Councilmember Peden stated he thinks the City will be still looking for a City Manager long after he is gone, and stated he thinks John Olson will be hired. Acting City Manager asked if Staff should continue with the RFP. Staff was told to prepare not to do anything until Council determines when to move forward. Councilmember Measeles stated he had no report. 9/11/06 2550 Councilmember Peden stated Bay Area Homebuilder built a home for an injured soldier, thanked the Goza family for donating land for this house, a lot of silent heroes, one of those silent heroes Steve Hayden who gave him tickets to the commissioning of the U.S.S. Texas, great day to have a submarine to be named after Texas, asked everyone to pray for our country and our President through this tough time. Councilmember Horecky stated he will be attending the Galveston County Mayors and Councilmembers (GCM&C) meeting Wednesday which will be hosted here in Friendswood, urged everyone on Council and City Staff to attend. Councilmember Hill stated he had no report. Councilmember LeCour stated he had no report. Councilmember Ewing stated she will attend the GCM&C meeting at Hope Village catered by a local restaurant, attended a small park dedication back at Eagles Point subdivision, who used a small grant from the Community Appearance Board, attended the Bay Area Houston Economic Partnership School Forum, Community and Economic Development Committee meeting, Library meeting back on schedule, attended the Clear Creek independent School District Pep Rally along with Councilmember Peden for the 9tn year as being a"recognized" school, will attend the Community Prayer Breakfast on September 1 gtn Mayor Smith commented on everyone remembering what today's meaning is for 9/11 and asked everyone for a moment of silence. CONSENT AGENDA **Mayor Smith moved to approve the Consent Agenda as presented. A. Accept annual report and authorize the renewal of annual contract with Galveston County Health District for water pollution control and abatement services. B. Approve Minutes of August 21, August 28 and September 5, 2006 Meetings. Seconded by Councilmember Measeles. The motion was approved unanimously. A motion was made and approved to adjourn at 9:32 PM. or avid J.H. Smith Attest: 3< r D loris McKenzie, TR C City Secretary O� Fa�ENp� �► � �O � o � o � * �,�,�� ��pG, `